Allahabad HC directs DM to decide on woman claiming blindness caused due to COVID-19 vaccine

Jun30,2021 #COVID-19 #Vaccine

Snehal Upadhyay-

The High Court of Allahabad has ordered the District Magistrate, Budaun to look upon a women’s representation in the case of her husband’s blindness due to the COVID-19 vaccine.

The woman filed a writ petition and claimed compensation for her husband concerning his blindness caused due to COVID-19 vaccination.

The single bench of Justice Mahesh Chandra Tripathi, with due consideration to facts and circumstances of the case, disposed of the writ petition.

The Court while disposing of the petition observed that, “In case the petitioner makes fresh representation along with all relevant medical reports to the District Magistrate, Budaun ventilating his grievances within one week, the authority would decide the same in accordance with law expeditiously.”

Recently, the High Court of Meghalaya held that having vaccination forcefully or mandatorily does not find any force in law and therefore it should be declared as ultra vires ab initio which means “void from initiation.” 

A division bench consisting of Chief Justice Biswanath Somadder and Justice HS Thangkhiew talked about the versatility of Article 21 enshrined in our Indian Constitution.

The division bench said, “However, vaccination by force or being made mandatory by adopting coercive methods, vitiates the very fundamental purpose of the welfare attached to it. It impinges on the fundamental right(s) as such, especially when it affects the right to means of livelihood which makes it possible for a person to live.”

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